Statutory Rules of Northern Ireland

2004 No. 314

COMPANIES

Companies (Forms) (Amendment) Regulations (Northern Ireland) 2004

Made

2nd August 2004

Coming into operation

6th September 2004

The Department of Enterprise, Trade and Investment(1), in exercise of the powers conferred by Articles 179(1), 179(1B) and 179A(2) of the Companies (Northern Ireland) Order 1986(2) makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Companies (Forms) (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 6th September 2004.

Use of existing form

2.  The form 179 set out in Part I of Schedule 2 to the Companies (Forms) (Amendment No. 3) Regulations (Northern Ireland) 1991(3) is prescribed only for the purposes of Article 179(1) of the Companies (Northern Ireland) Order 1986 (“the Order”).

New forms

3.  The forms 179(1B) and 179A(2) set out in the Schedule are the forms prescribed for the purposes of Article 179(1B) and Article 179A(2) of the Order respectively.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 2nd August 2004.

L.S.

M. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Regulation 3

SCHEDULE

Explanatory Note

(This note is not part of the Regulations.)

These Regulations prescribe forms for the purposes of the returns required to be made to the Registrar of Companies in respect of the purchase by certain public companies of their own shares to be held as treasury shares and in respect of the cancellation, sale or transfer of treasury shares. These Regulations are made pursuant to amendments made to the Companies (Northern Ireland) Order 1986 (“the Order”) by the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations (Northern Ireland) 2004, which permit certain public companies to hold shares in treasury.

Regulation 2 provides that form 179, prescribed by the Companies (Forms) (Amendment No. 3) Regulations (Northern Ireland) 1991 will apply only for the purposes of returns under Article 179(1) of the Order. Regulation 3 prescribes the forms set out in the Schedule for the purposes of returns under Articles 179(1B) and 179A(2) of the Order

(2)

S.I. 1986/1032 (N.I. 6); Articles 179(1B) and 179A(2) were inserted by paragraphs 12 and 13 respectively of the Schedule to the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations (Northern Ireland) 2004 (S.R. 2004 No. 225); Article 2 defines “prescribed”